Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...

Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...

Excerpt: ...ims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...

Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished acc...

Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...

Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...

Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...

Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...

Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Pr...

Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...

Excerpt: ...ses of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...

Excerpt: ...inst the City of Paso Robles (the City). The petition is opposed. Petitioner alleges that Mr. McGuire first assaulted her on December 19, 2017, after the Department responded to a call from Petitioner. Petitioner alleges that Mr. McGuire and several other officers responded to Petitioner's call. (Groom Decl., ¶ 2.) Petitioner alleges that Mr. McGuire dismissed the other officers, but remained at Petitioner's home for an additional four hours. (G...

Excerpt: ...ger of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “got a...

Excerpt: ... manager of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “...

Excerpt: ...4, 2018, Plaintiffs filed a first amended petition (FAP) for writ of mandate, purporting to allege causes of action for (1) ultra vires implementation of alleged land use changes in violation of vested rights, with disparate effect on minorities and insufficient government interest; (2) use of that law to unconstitutionally seize farms of minorities and low‐ income people for unjust enrichment of rich white people; (3) violation of due process ...

Excerpt: ... and is referred to as the 2019 Action. Plaintiffs in the 2018 Action are Avila Village II LLC; Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990; Once Upon a Time L.P.; Lexington Real Property Partners LLC; and Covelop Holdings LLC1 . Plaintiffs in the 2019 Action are identical, save for the addition of ABR Property, L.P. The Court refers to Plaintiffs in both Actions as the Rossi Plaintiffs. Defendant in both Actio...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...

Excerpt: ...e section 426.50. The proposed cross‐complaint alleges that the Cliffs' HVAC system failed as a result of Polar Bear's negligence. The proposed cross‐complaint would reclassify this matter as an unlimited civil action, and, in addition to naming Polar Bear as a cross‐defendant, name two additional cross‐ defendants, Johnson‐Controls, Inc. and Aqua Systems, Inc. In general, a party is required to file a cross‐complaint before or at the...

Excerpt: ...ranty of merchantability, and (6) violation of Business and Professions Code section 17200. Plaintiffs allege they purchased a Winnebago Vista (the Vehicle) manufactured and/or distributed by Defendant, and that the Vehicle contained or developed defect(s), including the recurrent and substantial leakage of flammable propane gases into the cabin. (Compl., ¶¶ 4, 6.) On August 8, 2018, Defendant served a request for production of documents, inclu...

Excerpt: ...‐certified urologist providing health care services to patients in San Luis Obispo County, including patients seen in the emergency rooms at French Hospital and Arroyo Grande Hospital. (Compl., ¶ 6.) Plaintiff alleges that Defendant is a medical group whose physicians also provide services throughout the County and at French and Arroyo Grande Hospitals. (Compl., ¶ 7.) Plaintiff alleges he was and is required to provide “on‐call urology se...

Excerpt: ...e of an elder (Welf. & Inst. Code, § 15610.30); and (3) conversion. (Amended Compl., ¶ 8.) This lawsuit was tried before the Court on March 26 and 27, 2019. On April 17, 2019, the Court issued a Statement of Decision. As outlined in the Statement of Decision, Plaintiff resided in Defendant's mobile home in Los Osos from March 2015 through the end of December, 2017. At the time of the lease, Plaintiff was over the age of 65, and the mobile home ...

Excerpt: ...iled.2 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burden shifts to Defendant to produce admissible evidence showing the existence of a triable issue of material fact or a defense thereto. (Id. at § 437c(p)...

Excerpt: ...errogatories, Set One, Special Interrogatories, Set One (including 61 special interrogatories plus a declaration pursuant to Code of Civil Procedure section 2030.040), and Request for Production, Set One (including 29 requests for production) (collectively the “Discovery”) on Plaintiff by mail. On February 19, 2019, when no responses were received, counsel for Defendants sent a meet and confer letter to Plaintiff requesting responses without ...

Excerpt: ...“Restaurants”). In August 2015, Clouston, in his capacity as managing member of the LLC, executed three contracts to sell the Restaurants and requested that Chicago Title Company (“CTC”) serve as the escrow holder for the purchase. CTC opened three escrows for the sale of the Restaurants on August 6, 2015. The estimated closing date was October 5, 2015. (UMF Nos. 1‐6.) On September 15, 2015, CTC informed the parties to the escrows that ...